S.B. 110

1

WORKERS' COMPENSATION EXCLUSIVE REMEDY
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Buhler
5 AN ACT RELATING TO WORKFORCE SERVICES; AMENDING THE EXCLUSIVE
6 REMEDY; MAKING TECHNICAL CORRECTIONS; AND PROVIDING AN EFFECTIVE
7 DATE.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 35A-3-105 (Effective 07/01/97), as renumbered and amended by Chapter 240, Laws of Utah
11 1996
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 35A-3-105 (Effective 07/01/97) is amended to read:
14 35A-3-105 (Effective 07/01/97). Exclusive remedy against employer, or officer, agent
15 or employee -- Employee leasing arrangements.
16 (1) The right to recover compensation pursuant to this chapter for injuries sustained by an
17 employee, whether resulting in death or not, shall be the exclusive remedy against the employer
18 and shall be the exclusive remedy against any officer, agent, or employee of the employer and the
19 liabilities of the employer imposed by this chapter shall be in place of any and all other civil
20 liability whatsoever, at common law or otherwise, to the employee or to his spouse, widow,
21 children, parents, dependents, next of kin, heirs, personal representatives, guardian, or any other
22 person whomsoever, on account of any accident or injury or death, in any way contracted,
23 sustained, aggravated, or incurred by the employee in the course of or because of or arising out of
24 his employment, and no action at law may be maintained against an employer or against any
25 officer, agent, or employee of the employer based upon any accident, injury, or death of an
26 employee. Nothing in this section, however, shall prevent an employee, or his dependents, from
27 filing a claim with the department for compensation in those cases within Chapter 3a, Utah

1 Occupational Disease Act.
2 (2) The exclusive remedy provisions of this section apply to both the client company and
3 the employee leasing company in an employee leasing arrangement under Title 58, Chapter 59,
4 Employee Leasing Company Licensing Act.
5 (3) (a) For purposes of this section:
6 (i) "Temporary employee" means an individual who for temporary work assignment is:
7 (A) an employee of S A TEMPORARY STAFFING COMPANY s ; or
8 (B) registered by or otherwise associated with a temporary staffing company.
9 (ii) "Temporary staffing company" means a company that engages in the assignment of
10 individuals as temporary full-time or part-time employees to fill assignments with a finite ending
11 date to another independent entity.
12 (b) S [The] IF THE TEMPORARY STAFFING COMPANY SECURES THE PAYMENT OF
12a WORKERS' COMPENSATION IN ACCORDANCE WITH SECTION 35A-3-201 FOR ALL TEMPORARY
12b EMPLOYEES OF THE TEMPORARY STAFFING COMPANY, THE s exclusive remedy provisions of this
12c section apply to both the temporary staffing
13 company and the client company S AND ITS EMPLOYEES s and provide the temporary staffing
13a company the same protection
14 that a client company S AND ITS EMPLOYEES s has under this section for the acts of S [a
14a temporary employee] ANY OF THE TEMPORARY STAFFING COMPANY'S S TEMPORARY s
14b EMPLOYEES s on
14b assignment
15 at the client company worksite.
16 Section 2. Effective date.
17 This act takes effect on July 1, 1997.




Legislative Review Note
as of 11-18-96 11:02 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Text Box

Amend on 2_goldenrod January 28, 1997
Amend on 3_goldenrod January 30, 1997


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